As long as Apple has the DMCA preventing a well functioning, commercial jailbreaking kit from being released with every model, I'm all in favor of them being pried wide open by the US government.
Once jailbroken phones are both legally allowed, easy to make, and required to be given all the same benefits non-jailbroken phones, they can make all the rules for their store they wish to.
Ex-post facto control of already purchased items is bupkis, bunk and any other old-fashioned word connoting completely illegitimate.